Karnataka High Court
Sri. Baganagouda Channappagouda Patil vs State Of Karnataka on 21 June, 2022
Author: V.Srishananda
Bench: V.Srishananda
-1-
CRL.P.No.101464 of 2022
C/W CRL.P.NO.101734 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.101464 OF 2022 (482)
C/W
CRIMINAL PETITION NO.101734 OF 2022 (482)
IN CRL.P.NO.101464 OF 2022
BETWEEN:
1. SRI BAGANAGOUDA
CHANNAPPAGOUDA PATIL
AGED ABOUT 72 YEARS,
MURAKATNAL, TALUK: RAMADURGA,
BELAGAVI DISTRICT-591123.
2. SRI KALLANAGOUDA
CHANNPPAGOUDA PATIL
AGED ABOUT 60 YEARS,
MURAKATNAL, TALUK: RAMADURGA,
BELAGAVI DISTRICT-591123.
3. SRI IRANAGOUDA
CHANNAPPAGOUDA PATIL,
AGEDABOUT 45 YEARS,
MURAKATNAL, TALUK: RAMADURGA,
BELAGAVI DISTRICT-591123.
4. SRI SHIVANNAGOUDA
BAGANAGOUDA PATIL,
Digitally
signed by AGED ABOUT 34 YEARS,
ANNAPURNA MURAKATNAL,
CHINNAPPA TALUK: RAMADURGA,
DANDAGAL
Location: BELAGAVI DISTRICT-591123.
HIGH COURT
OF
KARNATAKA
DHARWAD
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CRL.P.No.101464 of 2022
C/W CRL.P.NO.101734 of 2022
5. SRI KITTANAGOUDA
BAGANAGOUDA PATIL
AGED ABOUT 32 YEARS,
MURAKATNAL, TALUK: RAMADURGA,
BELAGAVI DISTRICT-591123.
6. SRI SANTOSHAGOUDA
KALLANAGOUDA PATIL,
AGED ABOUT 28 YEARS,
MURAKATNAL, TALUK: RAMADURGA,
BELAGAVI DISTRICT-591123.
7. SRI FAKIRAGOUDA
KALLANAGOUDA PATIL,
AGED ABOUT 24 YEARS,
MURAKATNAL, TALUK: RAMADURGA,
BELAGAVI DISTRICT-591123.
8. SRI MALLANAGOUDA
KALLANAGOUDA PATIL,
AGED ABOUT 23 YEARS,
MURAKATNAL, TALUK: RAMADURGA,
BELAGAVI DISTRICT-591123.
9. SRI CHANNAPPA GOUDA
KALLANAGOUDA PATIL,
AGED ABOUT 23 YEARS,
MURAKATNAL, TALUK: RAMADURGA,
BELAGAVI DISTRICT-591123.
...PETITIONERS
(BY SRI SRINAND A.PACHHAPURE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY KATKLOL POLICE STATION
REP. BY ADDITIONAL SPP
HIGH COURT OF KARNATAKA
DHARWAD BENCH-590022.
2. SRI BASANNA GOUDA
S/O SRI EERANNA GOUDA PATIL,
AGE: 50 YEARS, OCC: AGRIL.
R/O MUGALIHAL VILLAGE
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CRL.P.No.101464 of 2022
C/W CRL.P.NO.101734 of 2022
TALUKA: SAVADATTI,
BELAGAVI DISTRICT-590 001
...RESPONDENTS
(BY SRI RAMESH CHIGARI, HCGP FOR R.1)
(BY SIR S.S.YADRAMI, SENIOR COUNSEL FOR
MISS.PALLAVI PALEKAR, ADV. FOR R.2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED IN
CRIME NO.84/2022 BY THE 1ST RESPONDENT FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 504, 506,
149 OF IPC MARKED AND PRODUCED AT ANNEXURES-D AND D1.
IN CRL.P.NO.101734 OF 2022
BETWEEN:
1. BASANAGOUDA
S/O IRANAGOUDA PATIL,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O: MUGALIHALLI, TQ: SAUNDATTI,
DIST: BELAGAVI-590028.
2. IRANAGOUDA
S/O BASANAGOUDA PATIL,
AGE: MAJOR, YEARS, OCC: AGRICULTURE,
R/O: MUGALIHALI, TQ: SAUNDATTI,
DIST: BELAGAVI-590028.
3. NAVINGOUDA
S/O BASANGOUDA PATIL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: MUGALIHALI, TQ: SAUNDATTI,
DIST: BELAGAVI-590028.
4. BHIMAPPA
S/O DURGAPPA DALAWAI
AGE: MAJOR, OCC: AGRICULTURE,
R/O: MUGALIHALI, TQ: SAUNDATTI,
DIST: BELAGAVI-590028.
...PETITIONERS
(BY SRI S.S.YADRAMI, SENIOR COUNSEL FOR
SMT.PALLAVI PALEKAR, ADV.)
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CRL.P.No.101464 of 2022
C/W CRL.P.NO.101734 of 2022
AND:
1. STATE OF KARNATAKA
BY KATKOL POLICE STATION,
REP. BY ADDITIONAL SPP,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
2. BAGANAGOUDA
S/O CHANNAPPAGOUDA PATIL,
AGE: MAJOR, OCC: AGRICULTURE,
R/O: MUGALIHALI, TQ: SAUNDATTI,
DIST: BELAGAVI-590028.
...RESPONDENTS
(BY SRI RAMESH CHIGARI, HCGP FOR R.1)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
PRAYING TO ALLOW THE PETITION AND QUASH THE IMPUGNED FIR
AT ANNEXURE-D AND THE IMPUGNED COMPLAINT AT ANNEXURE-E
AND ALL FURTHER PROCEEDINGS PURSUANT TO IT IN KATKOL
P.S.CR.NO.83/2022 FOR THE ALLEGED OFFENCES PUNISHABLE
UNDER SEC. 341, 323, 324, 504, 506 AND 34 OF IPC PENDING ON
THE FILE OF PRL.CIVIL JUDGE (JR DN) & JMFC COURT, RAMDURG.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader is directed to take notice for respondent-State in both the petitions.
2. These two matters are arising out of one and the same incident that said to have occurred on 29.04.2022 and two cases came to be registered on 01.05.2022 in Crime No.83/2022 for the offences punishable under Section 341, 323, 324, 504, 506 and 34 -5- CRL.P.No.101464 of 2022 C/W CRL.P.NO.101734 of 2022 of the Indian Penal Code ("IPC" for short) and Crime No.84/2022 for the offences 143, 147, 148, 323, 324, 504, 506 read with Section 149 of IPC by Katakol Police, Ramdurga Circle, Belagavi District.
3. The gist of the complaint averments are that, the petitioners in each of the cases are relatives and there is a dispute with regard to the division of the property belonging to them and there are civil proceedings pending.
4. When the matter stood thus, on 29.04.2022 around 6.00 p.m., there was an altercation near the land and the petitioners in each of the cases indulged in abusing and assaulting each other.
5. After registration of the cases as aforesaid, police have investigated the matter.
6. In the meantime, at the instance of the elders and well-wishers, both the parties have decided to settle the dispute amicably among themselves by filing necessary application under Section 320 of Cr.P.C., -6- CRL.P.No.101464 of 2022 C/W CRL.P.NO.101734 of 2022 seeking compounding of the offences and sought for quashing of all pending proceedings in pursuance of Crime No.83/2022 and Crime No.84/2022 of Katakol Police Station.
7. Necessary applications have been filed by the parties in this regard, which are taken on record.
8. On behalf of the parties, Sri Srinand Pachhapure and learned Senior Counsel Sri S.S.Yadrami for Sri Girish Bhat are present.
9. The contents of the application is read over and explained to the parties in Kannada language known to them and parties have understood the contents of the applications filed under Section 320 of Cr.P.C and they submit that the decision to compound the offences alleged against each other is voluntary and without there being any force or undue influence.
10. Learned High Court Government Pleader submits that, the offences are principally against the State.
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C/W CRL.P.NO.101734 of 2022
11. Having regard to the fact that, though the offences alleged against each other are principally against the State, in order to maintain peace and tranquility among the parties and to put at rest the differences among them and reserving the right of the parties to ventilate their grievances in the pending civil proceedings, the criminal proceedings are to be quashed by allowing application filed under Section 320 of Cr.P.C. Hence, the following order.
ORDER Applications filed under Sections 320 & 321 of Crl.P.C. by the parties in each of the cases, who are the complainant and accused in respective cases, are hereby allowed.
Consequently, pending criminal proceedings in Crime No.83/2022 and Crime No.84/2022 of Katakol Police Station, Ramdurga Circle, Belagavi District are hereby quashed.
SD/-
JUDGE EM